A/HRC/14/46 intelligence service to justify, to an independent oversight institution, any decision not to release personal information. Practice 27. Intelligence services are not permitted to use powers of arrest and detention if they do not have a mandate to perform law enforcement functions. They are not given powers of arrest and detention if this duplicates powers held by law enforcement agencies that are mandated to address the same activities. Practice 28. If intelligence services have powers of arrest and detention, they are based on publicly available law. The exercise of these powers is restricted to cases in which there is reasonable suspicion that an individual has committed or is about to commit a specific criminal offence. Intelligence services are not permitted to deprive persons of their liberty simply for the purpose of intelligence collection. The use of any powers and arrest and detention by intelligence services is subject to the same degree of oversight as applies to their use by law enforcement authorities, including judicial review of the lawfulness of any deprivation of liberty. Practice 29. If intelligence services possess powers of arrest and detention they comply with international human rights standards on the rights to liberty and fair trial, as well as the prohibition of torture and inhuman and degrading treatment. When exercising these powers, intelligence services comply with international standards set out in, inter alia, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, the Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. Practice 30. Intelligence services are not permitted to operate their own detention facilities or to make use of any unacknowledged detention facilities operated by third parties. Practice 31. Intelligence-sharing between intelligence agencies of the same State or with the authorities of a foreign State is based on national law that outlines clear parameters for intelligence exchange, including the conditions that must be met for information to be shared, the entities with which intelligence may be shared, and the safeguards that apply to exchanges of intelligence. Practice 32. National law outlines the process for authorizing both the agreements upon which intelligence-sharing is based and the ad hoc sharing of intelligence. Executive approval is needed for any intelligence-sharing agreements with foreign entities, as well as for the sharing of intelligence that may have significant implications for human rights. Practice 33. Before entering into an intelligence-sharing agreement or sharing intelligence on an ad hoc basis, intelligence services undertake an assessment of the counterpart’s record on human rights and data protection, as well as the legal safeguards and institutional controls that govern the counterpart. Before handing over information, intelligence services make sure that any shared intelligence is relevant to the recipient’s mandate, will be used in accordance with the conditions attached and will not be used for purposes that violate human rights. Practice 34. Independent oversight institutions are able to examine intelligence-sharing arrangements and any information sent by intelligence services to foreign entities. Practice 35. Intelligence services are explicitly prohibited from employing the assistance of foreign intelligence services in any way that results in the circumvention of national legal standards and institutional controls on their own activities. If States request foreign intelligence services to undertake activities on their behalf, they require these services to comply with the same legal standards that would apply if the activities were undertaken by their own intelligence services. GE.10-13410 33